3 Pledge of Allegiance Jan Hancock led the Pledge of Allegiance

4 Approve the minutes of the Regular Meeting of September Stn 9rn 2008 MOTION made Cathy Feind to approve the minutes of the Regular Meeting of Stn b September 9t 2008 MOTION seconded by Ted Johnson MOTION carried unanimously with Stacy Zwenger not voting

Applicant Ken P Aston Jr

Ken Aston was present Jan Hancock Planning and Zoning Director noted Stacy Zwenger had arrived She then stated Mr Aston was awarded a 10 00 ten 000 thousand dollars CRA grant to improve the facade of the plaza for where the proposed sign will be located The application is for a sign that is lower in than height the existing sign would include space for the Dollar General Store and changeable

space for four additional tenants Ms Hancock recommended approval even though it exceeds the provisions of the code The proposed sign is similar to other signs that have been recently approved and the design is consistent with the building design improvements Mr Aston answered the Board members questions which confirmed the sign will be illuminated will be placed in the same location the current as sign height is 25 twenty five feet

Cathy Feind stated she did not feel a sign greater than 22 feet height should be approved when in the past a business on SR 100 was told to take down a sign that exceeded the height limit

Mr Aston also stated the cost of the

projected plaza renovations is approximately 175 one hundred seventy five thousand dollars which will be a complete 00 000 redesign in an old Florida vernacular theme with columns and Bahama shutters etc He negotiated with the Dollar General Corporation for the renovations which included the sign Mr Aston continued by saying he believed deviating from the proposed design may delay and possibly jeopardize the entire project Mr Aston also confirmed that to lessen the height would eliminate the open space at the bottom which he has offered to be used for City event banners

MOTION made by Roseanne Stocker to approve the sign request for the Dollar General Plaza MOTION seconded by Ted Johnson MOTION carried 5 1 with Cathy Feind voting nay

Ms Hancock reminded Mr Aston he still is for

required to apply a building permit

B Public Hearings AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FLAGLER BEACH FLORIDA AMENDING APPENDIX LAND A DEVELOPMENT REGULATIONS PROVIDING FOR STANDARDS FOR MARINAS BOATYARDS LIVEABOARD VESSELS VESSELS HOUSEBOATS FLOATING STRUCTURES AND BARGES PROVIDING FOR ABANDONED DERELICT AND WRECKED VESSELS AND ILLEGAL FLOATING STRUCTURES AMENDING THE DEFINITION OF MARINA ACCESSORY USES TO INCLUDE FLOATING STRUCTURES AMENDING ARTICLE II SECTION 02 06 AUTOMOTIVE SERVICES 2 SCHEDULE OF OFF STREET PARKING REQUIREMENTS PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF PROVIDING FOR READING OF THIS ORDINANCE BY TITLE ONLY PROVIDING FOR CODIFICATION PROVIDING FOR CONFLICT PROVIDING AN EFFECTIVE DATE

Drew Smith City Attorney was present and went through the changes made to the proposed Ordinance after discussion at the last meeting Lines 74 78 Additional wind load standards Lines 89 91 Sewer leakage prevention Lines 145 149 Adding the 7 timeframe to further day explain non transient vessels Lines 149 153 vessel etc Any occupying more than a

single slip will be counted the total number of

as using slips occupied Lines 154 256 Fire language due to the Fire Chief safety s comments May need to add to line 209 208 guardrails pursuant to standards in FL building code The language regarding liability insurance requirement to remove vessels was deleted as previously discussed the marina may not be able to obtain that owner type of insurance on someone vessel s Parking was left at 1 one space per slip as it is used by most municipalities and is the most feasible

Board member questions verified

PARB OCT 7 2008

2 That if structure a floating occupies two slips two slips would be counted toward the maximum 50 fifty percent non transient vessels permitted by the Department of Environmental Protection DEP Adding Floating structures as a permitted marina accessory use was previously recommended for approval by a majority vote of the PARB

Chairman Deal opened the item to Public Hearing

Andy Miklos 112 Leigh Avenue asked the Board not to recommend approval of the Ordinance and have floating structures permitted by special exception He referred to a letter he wrote and submitted as Public comment which listed the reasons he was against the ordinance Chairman Deal previously confirmed all the Board members had a copy of the letter

No other Public Comments made and the Public closed

were Hearing was

Board discussion continued with Chairman Deal stating he did not believe the standards went far enough to protect the public Attorney Drew Smith confirmed the parking standard in the new ordinance will not apply to the existing marina Attorney Smith continued by explaining the difference between an accessory use and a special exception stating the city could

require a site plan review on a special exception request

MOTION made by Stacy Zwenger to approve the Ordinance with the change ofguardrails built being pursuant to the Florida Building Code MOTION seconded by Ted Johnson Discussion included Roseanne Stocker requesting Ms Zwenger amend her motion to include having floating structures be a special exception use rather than an accessory use so that a site plan would have to be submitted Ms Zwenger stated she did not want to amend the motion as the Board previously voted on the special exception use topic Discussion continued regarding the building permit process for future development compatibility issues and the improvements that have been made to the ordinance over an extended period of time MOTION deadlocked by a 3 vote Stacy Zwenger Ted Johnson and Dan

Bayerl voted yeah Cathy Feind Roseanne Stocker and Don Deal voted nay Ordinance will go to the City Commission without a recommendation by the PAR Board

2 AN ORDINANCE OF THE CITY OF FLAGLER BEACH FLORIDA

ADOPTING A LARGE SCALE MAP AMENDMENT TO THE FLAGLER BEACH COMPREHENSIVE PLAN CHANGING THE FUTURE LAND USE MAP DESIGNATION ON 942 ACRES 2 FROM HIGH DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL CHANGING THE FUTURE LAND USE MAP DESIGNATION ON A CONTIGUOUS 34 ACRE PARCEL FROM RECREATIONAL TO LOW DENSITY RESIDENTIAL APPROVING THE TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION 3184 163 FLORIDA STATUTES PROVIDING FOR

Jim Hall and Kim Brown land use planners and Bob PaymayeshProfessional Engineer

Attorney Spiers explained this is the first step in the lengthy process of thedevelopment and there will be other public hearings in the process when asite plan will be reviewed and additional opportunities for public input Thisis a conceptual phase not a rezoning request or a site plan review Theyare only land requesting a use change at this time Ms Spiers also statedshe understands there are many people that are disappointed the golfcourse is closed She clarified that the is the current property applicant notowner and that they did not close the golf course

Jim Hall VHB the

acknowledged majority of the land is zoned recreationalbut reminded the Board there is approximately 3 acres of High DensityResidential in the middle of the property Mr Hall stated the proposed useis consistent with the City s Comprehensive Plan and that the moreintensive use of Medium Density Residential could have been selected butthey chose Low Density Residential He continued by saying details andconditions will be provided later in the process Mr Hall sited how the

project is compatible with the Future Land Use Plan which included level ofservice of traffic would not be degraded open space requirements wouldnot be compromised there is sufficient capacity for water and sewer and

high level structures will be built etc He continued by saying they arecommitted to help and fund the drainage issues in that area and that

Bob Paymayesh further explained the existing drainage issues water andsoil pollutants of the property Mr Paymayesh outlined their proposedsolutions to the problems and the benefits for the City and surrounding

property owners He continued by saying the proposed drainage system will

be designed to handle major climactic events and meet all the Clean WaterStandard

Chairman Don Deal Opened the Public Hearing

14 fourteen citizens in spoke opposition Their comments included Consider other options such as marketing the property as

recreational Zoning Map was used to show what little recreational zoned property is left in the City Surrounding property owners paid premium prices for property on a golf course s are only supposed to be located west of the City according to PUD our Comp Plan

4 PARB OCT 7 2008 Ocean Palm Villas north adjacent property owners are not willing sell of their for easement required for this any property an

development The project will the in the worsen flooding issues area

Photos provided by Alberta Gentile

Theproject will increase services hence increase taxes The property rights of the adjacent property owners should be protected The Comprehensive Plan should not be changed for one property owner

Attorney Dennis Bayer spoke as representative for the current owners of

the property for the proposed development Mr Bayer stated the heightrestriction was put into effect after his clients had the portion of their

property rezoned High Density The flooding issues in the area are due tothe changes in the requirements of storm water management over the

years that were put in place after the high rise condos in the surroundingareas were constructed This proposed project would be an opportunity tocorrect the flooding stormwater issues on Central Avenue and A1A as welland update the drainage system

Public Hearing was closed

Attorney Spiers addressed some of the public comments by saying she is

hoping to work with the community and the City to come up with analternative use that beneficial to everyone Ms Spiers reminded everyonethat this just the beginning phase of a conceptual plan She also statedthere is no limit on the cost to address the drainage and there is noanticipated cost to the City

There Board discussion which included

was addressing the publiccomments history of the property and the staff reports Cathy Feind notedthere a 50 year deed was estoppel and that the property was advertised in1966 as a golf course community

Jan Hancock noted that several written public comments were all made partof the public record

MOTION made by Roseanne Stocker to deny the transmittal of the Future

Land Use Amendment MOTION seconded by Stacy Zwenger RoseanneStocker noted the reasons for denial 1 The diminishing property values of theneighbors 2 Item 6 of the Quentin Hampton report stating s be to the PUD West of the City 3 The of green space in the city diminishing amount 4 The consideration of the property rights of one individual versus the property rights of many citizens

PARE OCT 7 2008

5 5 The drainage and flooding problems in the area and the many unresolved issues regarding how anyone would be able to solve those 6 The potential increase of 7 of the and the over s population City effects that might have on City services and infrastructure 7 The Comp Plan should not be changed lightly and only after very careful consideration of the greater good of the community 8 The effect that this project would have on the health safety and welfare of all Flagler Beach citizens

Amended MOTION seconded by Stacy Zwenger Don Deal City stated the Cityshould consider purchasing the golf course see if it can be leased to a management company possibly doing a feasibility study If that is not possible convert it to a park and see if Florida Forever funds or St John s Water Management may have funds available All options should be

explored before this should be considered to be used for any residential

housing MOTION carried unanimously 60 with a roll call vote

Jan Hancock noted this amendment will go before the City Commission on